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UNITED SHOE MACHINERY CORPORATION v. DAY WOOD HEEL CO.

Nos. 5319, 5320.

46 F.2d 897 (1931)

UNITED SHOE MACHINERY CORPORATION v. DAY WOOD HEEL CO. DAY WOOD HEEL CO. v. UNITED SHOE MACHINERY CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

February 13, 1931.

Attorney(s) appearing for the Case

Hector M. Holmes, of Boston, Mass. (Fish, Richardson & Neave, of Boston, Mass., on the brief), for United Shoe Machinery Co.

James M. Hengst, of Columbus, Ohio (Shepherd & McDowell, of Columbus, Ohio, on the brief), for Day Wood Heel Co.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

HICKS, Circuit Judge.

Suit by United Shoe Machinery Corporation against the Day Wood Heel Company for infringement of patent to Russ, No. 1,536,691, dated May 5, 1925, for a "Heel Blank Breast-Shaping Machine" and of patent to Russ, No. 1,528,345, dated March 3, 1925, for "Heel and Method of Making the Same." The defenses were noninvention, anticipation, and prior use and knowledge. Claims 1, 3, 5, and 6 of patent No. 1,536,691, herein called the machine patent, and...

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